[kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Wed Jun 28 13:27:45 EAT 2017

(a)Is Fake News a problem for Kenya?

It depends. Yes and No.

(b) Companies such as Cambridge Analytica have been said to use
pyschographic techniques such as voter profiling during elections to
determine who gets to hear what message. Advertising companies have
used similar targeted approaches in marketing for years- why is it a
problem for elections?

Internet companies through algorithms have thrived on giving you more
of what you 'want'. People should learn to conduct due diligence.

(c) Should internet intermediaries filter Fake News from their platforms?

Nope. That will amount to policing the internet

(d) Should Fake News be banned?

No. Suggestions have been made world over on the ideal remedy for this
menace but in democracies, it is hard because it goes against the
principles of free speech. The Canadian Supreme Court has held in a
case to strike down a false news provision of law that the provision
was contrary to the constitutional freedom of expression.

“The reality is that when the matter is one on which the majority of
the public has settled views, opinions may, for all practical
purposes, be treated as an expression of a ‘false fact,” the Learned
Justices of the Court said.

In Kenya, the law limits the right to freedom of expression to the
extent that one is not allowed to spread propaganda for war, incite
people to violence, hate speech and advocate for ethnic hate. These
limitations also apply to the media according to Article 34. The same
constitutional provision also provides for the establishment of the
Media Council of Kenya.

One of the roles the drafters of the Constitution envisioned this body
to play is setting media standards while regulating and monitoring
their compliance. It is with this powers that are expounded on in the
Media Act that the Council accredits journalists while requiring them
to follow the Code of Conduct for the Practice of Journalism. While
the standards on accuracy, integrity and accountability apply to
journalists; these standards do not apply to bloggers.

Hence they cannot be held to have breached the Code when they post
fake news online. From the angle of defamation laws, some of these
stories are not defamatory. Neither do they constitute a breach of
Article 33(2). For example the many speeches attributed to Presidents
Robert Mugabe and Donald Trump about Kenyans and corruption. If they
were to be counter checked against the elements of defamation, they
will fail. The statement might be false but not damaging per se, hence
not warranting a suit for damages.

Some of the sites are not even within the Kenyan jurisdiction and no
claim of damage may be sustained against them

http://monyango.com/index.php/2017/05/15/fake-news-the-battle-for-clicks/

On 28/06/2017, gertrude matata via kictanet
<kictanet at lists.kictanet.or.ke> wrote:
> Thanks Grace,
> I  confess I  miss reading everything, I must have missed your  post earlier
> on sorry.
> Your comments were very valid.
> Regards
> GERTRUDE MATATA CO. ADVOCATES
> COMMISSIONERS FOR OATHS NOTARY PUBLIC
> HILLSIDE APARTMENTS
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>       From: Grace Mutung'u <nmutungu at gmail.com>
>  To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>;
> gertrude matata <gertrudematata at yahoo.com>
>  Sent: Wednesday, June 28, 2017 11:46 AM
>  Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING
> ELECTIONEERING
>
> Getrude,Reposting my comment that was on another thread.
> Good morning Kanini,
> I will attempt the first question:
> Maybe we could first start by defining or describing "fake news" in our
> context. There is a lot of disinformation and even media manipulation that
> can be traced back to political actors.
> In my view some of the characteristics of this manipulation include messages
> crafted sensationally to provoke emotional responses. Another class is
> messages casually/reckless condemning an entire tribe- it is impressive how
> much this kind has reduced over the years especially among major online
> spaces.
> Disinformation is carried out by both sides of the political divide. It
> could be tackled through political accountability mecahnisms such as the
> guidelines on bulk messaging in the last elections. I wonder whether it's
> practical to update them for Internet messaging.
> Beyond that, fake news during elections can also be managed by old school
> credible news. More trusted media outlets must more than ever before invest
> in good journalism. On that note, kudos to Ngirachu of Nation for his new
> segment demystifying fake news of each week.
> Best,
>
> On 28 Jun 2017 04:36, "gertrude matata via kictanet"
> <kictanet at lists.kictanet.or.ke> wrote:
>
> Dear Members,
> This is indeed a very interesting  discussion.I was wondering, could we have
> a working definition of  FAKE NEWS.
> In addition, what is the fake news test to apply even for those who wish to
>  kill it
> Kind Regards
>
>  Gertrude.
>
>
> GERTRUDE MATATA CO. ADVOCATES
> COMMISSIONERS FOR OATHS NOTARY PUBLIC
> HILLSIDE APARTMENTS
> 4TH FLOOR, Apartments 11
> RAGATI ROAD,Opposite N.H.I.F
> NEAR CAPITOL HILL POLICE STATION
> P.O. Box 517-00517
> Nairobi
> Mobile:0722-374109/0729- 556523,
> Wireless 020-2159837
> DISCLAIMER
> This email and any attachments to it may be confidential and are intended
> solely for the use of the individual to whom it is addressed. Any views or
> opinions expressed are solely those of the author and do not necessarily
> represent those of GERTRUDE MATATA & CO. ADVOCATES.
>  If you are not the intended recipient of this email, you must neither take
> any action based upon its contents, nor copy or show it to anyone.
>  Please contact the sender if you believe you have received this email in
> error.
>
>
> CallSend SMSCall from mobileAdd to SkypeYou'll need Skype CreditFree via
> Skype
>
>       From: Diacen Ndiaga via kictanet <kictanet at lists.kictanet.or.ke >
>  To: gertrudematata at yahoo.com
> Cc: Diacen Ndiaga <dndiaga at kcaa.or.ke>
>  Sent: Wednesday, June 28, 2017 9:11 AM
>  Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING
> ELECTIONEERING
>
> Morning listers!
> Indeed fake news and skewed reportage by main media outlets is already with
> us.Editorial policy of some houses is outright scandalous.In this time of
> election where perception of voters is critical, fake news will come in
> droves and due to compromises and skewed editorial policy by media houses on
> issues, agenda setting is purposed on set goals.It is worse when the main
> media depend on social media for its news items and worse when it uses
> social media content to reinforce a particular opinion and stand on an
> issue.When the media is sold to the highest bidder in a political
> environment or is compromised in being factual and balanced in its
> reportage,then it looses the moral ground to point out ills in the society.
> Note fake News is NEWS.
>
>
> From: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke >
> To: "Diacen Ndiaga" <dndiaga at kcaa.or.ke>
> Cc: "kanini mutemi" <kaninimutemi at gmail.com>
> Sent: Wednesday, June 28, 2017 6:59:06 AM
> Subject: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING
> ELECTIONEERING
>
> Good morning Listers,
> Welcome to Day 2 of the Pre KIGF Online Discussions. Joy Mala and I will
> co-moderate this session. We look forward to a vibrant discussion on Fake
> News especially during the electioneering period.
> We would like to hear your perspectives on:
> (a)Is Fake News a problem for Kenya?
> (b) Companies such as Cambridge Analytica have been said to use
> pyschographic techniques such as voter profiling during elections to
> determine who gets to hear what message. Advertising companies have used
> similar targeted approaches in marketing for years- why is it a problem for
> elections?
> (c) Should internet intermediaries filter Fake News from their platforms?
> (d) Should Fake News be banned?
> The discussion is open.
> --
> Mercy Mutemi, Advocate.
>
>
>
>
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for
> people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and
> development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>
>
>
> ______________________________ _________________
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> mailman/options/kictanet/ nmutungu%40gmail.com
>
> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for
> people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and
> development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>
>
>
>
>

-- 
Francis Monyango

Lawyer | ICT Policy and Legal Consultant
www.monyango.com
0726792792